SHAIKH MATIN Vs. STATE OF MAHARASHTRA & ANR.

JUDGEMENT

(1.) The accused appellant who has been convicted under Sec. 302 Penal Code and sentenced to undergo rigorous imprisonment for life is in appeal before us.

(2.) We have heard the learned counsels for the parties.

(3.) The undisputed facts of the case that will require a notice for the purposes of determination of the liability of the accused appellant are that he had come to the place of occurrence without being armed with the weapon of the alleged offence which was a heavy wooden log. Admittedly, the assault by the accused appellant on the deceased was a single blow assault which had caused the following injuries on the deceased: